MACE v. BOOTH


118 A.2d 603 (1955)

Charles W. MACE, Jr., and Emma L. Mace, Plaintiffs, v. Leonard D. BOOTH and Martha Sims Booth, Defendants.

Court of Chancery of Delaware, New Castle.

December 7, 1955.


Attorney(s) appearing for the Case

Joseph Donald Craven and Joseph P. Hurley, Wilmington, for plaintiffs.

Thomas J. Healy, Jr., Wilmington, for defendants.


SEITZ, Chancellor.

Plaintiffs seek a permanent injunction restraining defendants from certain alleged violations of restrictive covenants found in their deeds. After hearing argument on the stipulated facts the Court also viewed the premises and this is the final decision thereon.

The sole issue is whether Lot 259, Section B of Wilmington Manor is subject to residential restrictions or whether it may be used for business purposes. Wilmington Mannor has previously...

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